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Thurston County, Washington

Community Planning and Economic Development

Recent Hearing Examiner Decisions, Agendas, Staff Reports, attachments and Hearing Audio

Hearing Examiner Projects and Associated Documents

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1.    Staff Report including attachments

Attachment a                Notice of Public Hearing

Attachment b                Zoning Map

Attachment c                Master Application received January 5, 2022

Attachment d                JARPA Application Form received January 5, 2022

Attachment e                Notice of Application dated February 18, 2022

Attachment f                 Environmental Checklist received January 5, 2022

Attachment g                SEPA MDNS dated April 5, 2023

Attachment h                Site plans submitted January 5, 2022, and December 7, 2022

Attachment i                 Engineering plans for stair tower submitted February 28, 2023

Attachment j                 Geotechnical addendum dated March 22, 2022 and original report dated December 4, 2018

Attachment k                Zero Rise Analysis info from FEMA, email dated April 13, 2022; and applicant narrative responses submitted March 23, 2023

Attachment l                 Habitat Assessment (Bi-Op), March 2023

Attachment m               Approval memo from Lyndsey Smith, Thurston County Public Health and Social Services Department dated January 9, 2023

Attachment n                Comment email from the Squaxin Island Tribe dated January 20, 2022

Attachment o                Comment letter from the WA Dept. of Ecology dated February 2, 2022

Attachment p                Comment letters from the Nisqually Indian Tribe dated January 21, 2022 and April 6, 2023

Attachment q                Department of Archaeology and Historic preservation email dated January 28, 2022

Attachment r                 Inadvertent Discovery Plan for Thurston County

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1.    Staff Report including attachments

Attachment a                    Notice of Public Hearing

Attachment b                    Project Narrative

Attachment c                    Master Application, received October 12, 2022

Attachment d                    JARPA Application and project narrative, received October 12, 2022

Attachment e                    JARPA cover sheet, received October 12, 2022

Attachment f                    Site Plans, received September 21, 2022

Attachment g                    Project Plan Set, received October 12, 2022

Attachment h                    NEPA Categorical Exclusion document signed by WSDOT Local Programs, issued September 2, 2021

Attachment i                     NEPA Categorical Exclusion checklist supplemental documentation, signed by WSDOT  

Attachment j                     NEPA for SEPA adoption documentation, approved by Dept. of Ecology, received October 28, 2021

Attachment k                    USACE Nationwide Permit verification letter, received October 12, 2022

Attachment l                     USACE Nationwide Permit #14, received October 12, 2022                  

Attachment m                  Notice of Application with Adjacent Property Owners list dated October 21, 2022

Attachment n                    Wetland/Waterway Delineation Report, dated June 13, 2019

Attachment o                   Letter from the WA Dept. of Ecology, dated October 28, 2021  

Attachment p                    Project Site Photos

Attachment q                    Septic Record Drawing

Attachment r                    Well and Septic Drawing

Attachment s                    Environmental Health approval memo, May 23, 2023

Attachment t                    Critical Area Review Permit (CARP) application

Attachment u                   Mitigation Plan dated May 24, 2023

Attachment v                   Final Communications Matrix

Hearing Examiner Decision

Hearing Audio

Exhibits before the Hearing Examiner:

1.    Staff Report and attachments below

Attachment a        Notice of Public Hearing

Attachment b        Zoning/Site Map

Attachment c        Master Application, received February 8, 2022

Attachment d        Reasonable Use Exception Application, received February 8, 2022

Attachment e        Project Description, received February 8, 2022

Attachment f         Site Plan, revised February 21, 2023

Attachment g        Stream and Wetland Inventory Critical Areas Report, revised July 5, 2022

Attachment h        Addendum to Stream and Wetland Inventory Critical Areas Report, September 29, 2022

Attachment i         Mitigation Plan, revised July 5, 2022

Attachment j         Letter of Map Amendment, FEMA, April 1, 2021

Attachment k        Topo survey, flood elevations, March 29, 2021

Attachment l         Notice of Application, dated February 18, 2022 and January 6, 2023

Attachment m       Comment Memorandum from Lyndsey Smith, Thurston County Public Health and Social Services Department dated January 26, 2023

Attachment n        Comment letter from Brad Beach, Nisqually Indian Tribe, dated March 1, 2022 and March 8, 2023

Attachment o        Comment emails from Shaun Dinubilo, Squaxin Island Tribe, dated February 24, 2022 and March 13, 2023

Attachment p        DAHP concurrence letter, September 9, 2022

Attachment q        Master and Forest Conversion Application, received December 19, 2022

Attachment r         Environmental Checklist, received December 19, 2022

Attachment s         Logging site plan, received December 19, 2022

Attachment t         MDNS, issued April 5, 2023

  • The record is held open through 5/25 for public comment from members of the public who tried to join the virtual hearing but were unable to join/make comment for technology or access reasons. 
  • If there is post-hearing comment, Staff and Applicant have until close of business 5/30 to respond in writing. 

Other documents that have been admitted that I am waiting for:

The Applicant has agreed to submit a revised proposal the moves the proposed shop closer to the west boundary and/or places some of the square footage on a second floor, thereby reducing the structure’s footprint in the wetland buffer and providing a greater setback from the wetland edge.  With the revised site plan, he is requested to submit a narrative description of how the revised proposal meets RUE criteria at TCC 24.45.030.B (no reasonable use with less impact on the critical area or buffer is possible) and .D (proposed reasonable use is limited to the minimum encroachment into the critical area and/or buffer necessary to prevent the denial of all reasonable use of the property).  He has also agreed to add additional trees along the wetland edge, and these should be detailed in the revised site plan/narrative.

Exhibit 2 - Not later than June 6th, the Applicant will submit a revised site plan and narrative (written discussion/argument) supporting the project’s compliance with TCC 24.45.030.B and .D.

Exhibit 3 - Not later than June 13th, CPED Staff will submit analysis in response to the revised proposal, including any changes to or additional conditions recommended to ensure compliance with Code in the event of RUE approval.

Exhibit 4 - Not later than June 20th, the Applicant shall submit a final reply to CPED Staff’s response to the revised site plan and narrative.

The record will close on June 20th, or the date the Applicant’s reply to Staff’s response is submitted to the Examiner via the hearing clerk, whichever is earlier, and the decision shall be due 10 business days from the close of the record.

Hearing Examiner Decision

Hearing Audio

Exhibits before the Hearing Examiner:

1.    Staff Report and attachments below

Attachment a          Notice of Public Hearing dated May 12, 2023

Attachment b          Zoning/Site Map

Attachment c           Master Application received May 20, 2019

Attachment d          Reasonable Use Exception application received May 20, 2019

Attachment e          Site Plan dated 12/15/22

Attachment f           Kimmie Street Delineation & Buffer Mitigation Plan Update, dated December 2022

Attachment g          High Ground Water map by Bracy & Thomas date stamped September 13, 201

Attachment h          Notice of Application dated August 9, 2019 with adjacent property owners list dated August 8, 2019

Attachment i            Comment letter from the Nisqually Indian Tribe dated August 12, 2019

Attachment j           Email from Arthur Saint, P.E. to Robert Smith, Senior Planner dated August 7, 2019

Attachment k           Approval memo from Amy Crass with TC Environmental Health dated July 9, 2019

Attachment l            Comment letter from the WA Dept. of Ecology dated June 18, 2019

Attachment m         Comment letter from the Nisqually Indian Tribe dated June 5, 2019

Attachment n          Comment email from Rhonda Foster with the Squaxin Indian Tribe date June 3, 2019

Attachment o          Critical Area Review Clearance for Gopher and Prairie Habitat dated September 19, 2018

Hearing Examiner Decision

Hearing Audio

Exhibits before the Hearing Examiner:

1.    Staff Report and attachments below

Attachment a                    Notice of Public Hearing, dated May 9, 2023

Attachment b                    Master Application and Reasonable Use Exception Application, received July 14, 2022

Attachment c                    Revised Reasonable Use Exception Application, received February 24, 2023

Attachment d                   Revised RUE Application supplemental answers

Attachment e                    Notice of Application, sent September 7, 2022

Attachment f                    Squaxin Island Tribe email, sent September 12, 2022

Attachment g                    Nisqually Tribe cultural resource request, sent September 13, 2022

Attachment h                    Site Plan figure 2, received February 24, 2023

Attachment i                     Site Plan figure 5, received February 24, 2023

Attachment j                     Impervious Surface Calculations

Attachment k                    Wetland Delineation and Assessment by Land Services Northwest, drafted February 20, 2023

Attachment l                     Buffer Enhancement Plan by Land Services Northwest, drafted February 20, 2023

Attachment m                  Thurston County Environmental Health memo of approval, dated March 23, 2023

Attachment n                    Communication Matrix, sent October 31, 2022

Attachment o                     Inadvertant Discovery Plan

Exhibit 2                               Staffs proposed changes to Condition 5 and 6

Hearing Examiner Decision-Remand

Clarified Remanded Decision-Remand

Hearing Audio

Exhibits before the Hearing Examiner:

1.    Staff report and attachments

Attachment a                    Notice of Public Hearing, dated April 11, 2023

Attachment b                    Master Application and Reasonable Use Exception Application, received June 16, 2021 and revised September 16, 2021

Attachment c                    RUE Project Description, received October 16, 2022

Attachment d                   Site plan, received June 16, 2021, and revised December 16, 2022, and revised on April 10, 2023

Attachment e                    Wetland Delineation Report received June 16, 2021, revised September 16, 2021, and revised on April 10, 2023

Attachment f                    Mitigation Plan received June 16, 2021, and revised October 16, 2022

Attachment g                    Wetland A Rating

Attachment h                    Wetland B Rating

Attachment i                     Impervious Surface Worksheet

Attachment j                     Notice of Application for Reasonable Use Exception dated May 4, 2022

Attachment k                    Approval memo from Amy Crass with Thurston County Environmental Health, dated July 16, 2021

Attachment l                     Public comment from Mary and Scott Oliver, dated May 23,  2022

Attachment m                  Public comment from Inge Hart, dated May 20, 2022

Attachment n                    Public comment from Rich Glatthaar, dated May 24, 2022

Attachment o                   Public comment from Inge Hart, dated January 19, 2023

Attachment p                   Applicant’s reply to public comment 1, dated Oct 17, 2022

Attachment q                    Applicant’s reply to public comment 2, dated Oct 17, 2022

Attachment r                    Communications Matrix

Attachment s                    Applicants reply, dated January 20, 2023

Exhibit 2                              Email correspondence between Inge Hart, the applicant, and staff

Exhibit 2.A                          Continued email correspondence

Exhibit 3A                           Public Comment from Inge Hart, received April 20, 2023

Exhibit 3B                           Public Comment from Mary and Scott Oliver, received April 21, 2023

Exhibit 4                              Septic System Design, dated May 11, 2021

Hearing Examiner Decision

Audio

Exhibits before the Hearing Examiner:

1.    Staff Report and attachments below

Attachment a       Notice of Public Hearing

Attachment b       Master and Division of Land Applications, submitted December 1, 2021

Attachment b1     Mazama Pocket Gopher & Prairie Report, drafted August 25, 2021

Attachment b2     Parcel Map Check Report

Attachment bb     Deskins Preliminary Plat Master Application revised June 23, 2022

Attachment c       Preliminary Plat Notice of Application, mailed February 16, 2022

Attachment d       Bulk submittals cover sheet, submitted June 29, 2022

Attachment e       Latest Preliminary Plat Maps, submitted June 29, 2022

Attachment f        Drainage and Erosion Control Report, dated May 11, 2022

Attachment g       Integrated Pest Management Plan, dated August 6, 2021

Attachment g1     Soil Management Plan, submitted June 29, 2022

Attachment h       Geotechnical Report, dated June 23, 2022

Attachment i        Surrounding Wellhead Exhibit, submitted June 29, 2022

Attachment j        Original Variance Application, submitted September 14, 2022

Attachment jj       Revised Variance Application with Map, submitted October 20, 2022

Attachment k       Landscape Plan, dated June 8, 2022

Attachment l        Public Works Roads Variance Request, submitted June 28, 2022

Attachment m      Nisqually Tribe memo, dated December 16, 2021

Attachment n       Squaxin Island Tribe email, dated December 17, 2021

Attachment o       Nisqually Tribe response memo, dated November 9, 2022

Attachment p       Squaxin Island Tribe response email, dated March 21, 2023

Attachment q       Public Works Water Resources notes, dated March 8, 2022

Attachment r       Public Works Water Resources confirmation, dated September 6, 2022

Attachment s        WA Dept of Ecology comments, dated March 8, 2022

Attachment t        Environmental Health memo, dated November 21, 2022

Attachment u       Public Works Development Review memo, Dated November 17, 2022

Attachment v       Variance Notice of Application, mailed October 26, 2022

Attachment w      Intentionally left blank

Attachment x       SEPA DNS, issued March 24, 2023

Attachment y       Nisqually Tribe DNS memo, dated March 27, 2023

Attachment z       Thurston County Addressing Assignments

Attachment z1      Comment Matrix 1, sent February 15, 2022

Attachment z2     Applicant Response to Comment Matrix 1, dated June 28, 2022

Attachment z3     Comment Matrix 2, sent March 9, 2022

Attachment z4     Comment Matrix 3, sent August 30, 2022

Attachment z5     Comment Matrix 3.1, sent August 31, 2022

Attachment z6     Communications with Applicant, dated August 30-31, 2022

Attachment z7     Applicant Response to Comment Matrix 3.1, dated September 1, 2022

Attachment z8     Comment Matrix 4, sent October 27, 2022

Attachment z9     Communications with Applicant, dated Jan – March 2023

Attachment z10   Comment Matrix 4 reminder email, sent April 3, 2023

Attachment z11   Presubmission Conference Planning notes, sent July 29, 2021

Exhibit 2                  Email from the applicant to staff, dated April 25, 2023

Exhibit 3                  CPED memo addressing Department’s position on whether variance from TCC 20.45.060 requires official application and notice of application, or not

Exhibit 4                 Applicants’ written response to Ex 3 for the record.

Hearing Examiner Decision

Hearing Audio

Exhibits before the Hearing Examiner:

1.    Staff Report and attachments below

Attachment a Notice of Public Hearing

Attachment b Copy of Application

Attachment c Vicinity Map

Attachment d Section/Township/Range Map

Attachment e Plat Map

Attachment f Proposed Boundary Line Adjustment No. 22-104151

 

2.  Appraisal

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1.    Staff Report and attachments below

Attachment a            Notice of Public Hearing

Attachment b             Zoning map

Attachment c             Master Application, submitted May 5, 2022

Attachment d            Special Use Permit Application, submitted May 5, 2022

Attachment e            JARPA Application dated May 5, 2022

Attachment f             Project Site plans (undated)

Attachment g            Oldport 1 Lift Station Site Plans submitted May 5, 2022

Attachment h            Project Narrative dated April 2022, submitted May 5, 2022

Attachment i              Notice of Application, dated June 8, 2022 with adjacent property owners list dated June 3, 2022

Attachment j              SEPA Determination of Nonsignificance dated September 21, 2022

Attachment k             SEPA Environmental Checklist submitted May 5, 2022

Attachment l             Zero-rise certification from RH2 dated March 2, 2022

Attachment m           Floodplain Habitat Assessment from RH2 dated April 2022

Attachment n            Cultural Resources Monitoring and Inadvertent Discovery Plan dated December 5, 2022

Attachment o            Landslide Hazard Geotechnical Report by RH2 dated April 22, 2022

Attachment p            Technical Memorandum by Shannon & Wilson dated March 17, 2022

Attachment q            Approval Memo from Lyndsey Smith, Environmental Health, dated September 26, 2022

Attachment r             Approval memo from Arthur Saint with Thurston County Public Works dated October 19, 2022

Attachment s             Comment letter from the WA Dept. of Ecology dated July 8, 2022

Attachment t              Comment letter from the Nisqually Tribe dated June 21, 2022

Attachment u            Email from Brad Beach, THPO with the Nisqually Tribe dated July 13, 2022

Attachment v             Email from Shaun Dinublio, Archaeologist with the Squaxin Tribe dated June 13, 2022

Attachment w            Emailed questions from Bruce Sutherland dated July 5, 2022

Attachment x             Emailed answers to Mr. Sutherland from Dave Matz with RH2 dated July 12, 2022

Attachment y             Project plan set (11” x 17”) date received February 1, 2023

 

Exhibit 2                       Public Comment from Barbara Benson, received February 27, 2023

Hearing Examiner Decision

Hearing Audio

Exhibits before the Hearing Examiner:

Staff Report and attachments

Attachment a       Notice of Public Hearing

Attachment b       Zoning map

Attachment c       Master Application, received May 26, 2017

Attachment d       Division of Land Application, received May 26, 2017

Attachment e       Forestland Conversion Application, received May 26, 2017

Attachment f        SEPA Environmental Checklist Application, received May 26, 2017

Attachment g       Project Narrative, revised December 2021

Attachment h       Preliminary plat map, dated February 2, 2023

Attachment i        Traffic Impact Assessment, May 10, 2017

Attachment j        Integrated Pest Management Plan, revised November 29, 2021

Attachment k       Preliminary Drainage Report, revised June 2022

Attachment l        Stormwater Infiltration and Steep Slope Evaluation, May 19, 2016

Attachment m      Mark Biever comment email, dated March 12, 2021

Attachment n       Tree Protection and Replacement Plan, revised November 29, 2021

Attachment o       Logging site plan, revised December 22, 2022

Attachment p       Notice of Application, dated August 2, 2017

Attachment q       Address Assignment List

Attachment r        Road Variance Application, February 21, 2018

Attachment s        Short plat map SS 18-114343, Auditor File Number 4724579

Attachment t        Applicant response to Public Works comments, dated March 17, 2021, submitted September 1, 2022

Attachment u       Applicant response to criteria in TCC 24.30.310, submitted August 24, 2022

Attachment v       Preliminary approval letter from Arthur Saint of the Public Works Department, dated January 12, 2023

Attachment w      SEPA recommendation from Arthur Saint of the Public Works Department, dated September 16, 2020

Attachment x       Preliminary approval letter from Dawn Peebles of the Environmental Health Department, dated July 27, 2020

Attachment y       City of Lacey Conditions, dated April 20, 2022

Attachment z       Forest Practice approval letter dated January 17, 2023.

Attachment aa      Comment letters from North Thurston Public Schools, dated August 22, 2017, December 28, 2020, and December 27, 2022.

Attachment bb     Comment letter from Brad Beach of the Nisqually Indian Tribe dated June 19, 2017, and December 20, 2022

Attachment cc      Comment letters from Ecology, dated June 26, 2017, August 22, 2017, and December 30, 2022

Attachment dd     Public comments from Pleasant Acres HOA, dated August 21, 2017, and emails dated October 2019   

Attachment ee      Mitigated Determination of Non-significance, issued December 16, 2022

Attachment ff       Wetland Delineation Report, July 2016

Attachment gg     Wetland Buffer reduction memo, September 22, 2016

Attachment hh     Wetland Mitigation Plan, February 10, 2018

Attachment ii       Plat Name Reservation Certificate

 

Hearing Examiner Decision

Hearing Audio

Exhibits before the Hearing Examiner:

1.    Staff Report including the following attachments

Attachment a                   Notice of Public Hearing, January 26, 2023

Attachment b                   Master Application and Reasonable Use Exception application, received December 15, 2021

Attachment c                   Site plan, received December 15, 2021 and revised Dec 13, 2022

Attachment d                   Project Narrative, received December 15, 2021

Attachment e                   Wetland Delineation and Mitigation Report, received December 15, 2021

Attachment f                    Monitoring and Maintenance Plan, received December 15, 2021, and revision submitted on January 17, 2023

Attachment g                   Impervious Surface Worksheet, received December 15, 2021

Attachment h                   Notice of Application for Reasonable Use Exception dated May 18, 2022

Attachment i                    Comment Letter from Squaxin tribe, May 24, 2022

Attachment j                    Comment Letter from Nisqually tribe, January 3, 2022

Attachment k                   Comment Memo from Thurston County Environmental Health, dated December 14, 2022

Attachment l                    Communications Matrix, received Oct 31, 2022

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1.    Staff Report including attachments

 

Attachment A         Notice of Public Hearing, dated December 21 & mailed 23, 2022     

Attachment B          Master and Reasonable Use Exception Application received, April 22, 2021

Attachment C          Original Project Narrative dated, April 20, 2021

Attachment D         “Residential Project Review” letter from Abbie Adams, Assistant Planner, February 5, 2021

Attachment E          Comment letter from Brad Beach, Nisqually Indian Tribe dated, July January 3, 2023

Attachment F          Comment email from Shaun Dinubilo, Squaxin Island Tribe dated, May 10, 2021

Attachment G         Comment Memorandum from Amy Crass, Thurston County Public Health and Social Services Department, dated June 2, 2021

Attachment H         Email: Mark Biever acceptance of Geotechnical Report, dated December 2, 2022

Attachment I           Geotechnical Report, by: All American Geotechnical, dated May 2, 2019

Attachment J           Architectural 3-D rendering of proposed deck(s), Dated January 5, 2020

Attachment K         Site Plan, date stamp received, July 27, 2020

Attachment L          Site Plan, date stamp received, April 22, 2021

Attachment M         Residential Permit #19106978, issued August 13, 2019

Attachment N         Plat of Johnson Point, Auditor File number 752928

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1.    Staff Report including attachments

Attachment a           Notice of Public Hearing

Attachment b           Zoning map

Attachment c           Master Application, submitted April 13, 2022

Attachment d           Special Use Permit Application, submitted April 13, 2022

Attachment e           Narrative summary, dated April 11, 2022

Attachment f            Site plans, submitted November 21, 2022

Attachment g           Recorded Easement regarding the site, AFN 3719090, recorded in 2005

Attachment h           Notice of Application, dated May 18, 2022 with adjacent property owners list dated May 16, 2022

Attachment i            WA State Dept. of Health Local Government Consistency Determination Form signed April 20, 2021

Attachment j            WA State Dept. of Health water system approval dated August 27, 2021

Attachment k           Thurston County water system decision memo signed by Stephanie Kenny on March 2, 2021

 Attachment l            Memo from Lyndsey Smith, Environmental Health, dated December 13, 2022

Attachment m          Approval memo from Arthur Saint with Thurston County Public Works dated December 19, 2022

Attachment n           Comment email from the Squaxin Indian Tribe dated May 24, 2022

Attachment o           Comment letter from the Nisqually Tribe dated May 27, 2022

Attachment p           Comment email from Kris Hare with a list of questions about the project dated June 9, 2022

Attachment q           Letter from Thurston PUD to Kris Hare responding to his list of questions dated August 22, 2022

Attachment r           Hawley Hills Reservoir Engineered Abbreviated Drainage Report dated August 5, 2022

Attachment s           Half size site plans, submitted November 21, 2022

2.    Public Comment from Kris Hare, January 24, 2023

3.    Staff Response to public comment, January 25, 2023

4.    Applicant response to public comment, January 25, 2023